BMP4002: Analysis of UK Legal System, Sources, and Employment Law

This report provides a comprehensive analysis of the UK legal system, covering classifications of law (civil and criminal), sources of law (case law and legislation), and employment law. It explains the roles of the High Court and Supreme Court, the process of making legislation, and delegated legislation. Furthermore, the report discusses statutory duties of employers and actions related to wrongful and unfair dismissal. The document emphasizes the importance of the legal system in ensuring societal order and individual rights, highlighting how laws reflect societal values and require adaptation to remain relevant. Desklib offers a platform for students to access this and other solved assignments for academic support.

Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
1

Contents
Introduction 3
Part 1: Classifications of Law 3-5
Define laws and identify the respective legal systems in the UK
3
Explanation with examples the following as means of classification
of laws in the English Legal system 4-4
a) Civil Law 4
b) Criminal Law 4
Explanation of the role of the following Courts in the English Legal
system 5-5
a) High Court 5
b) Supreme Court 5
Part 2: Source of law 5-6
Explanation of Case Law as a source of laws 5
Explanation of the process of making Legislation 6
The meaning and examples of Delegated Legislation 6
Part 3: UK law making process: Employment Law 6-7
Statutory Duties of Employers to their employees 7
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion 8
2

Introduction
The legal system play a very effective role in the success and growth of the country.
Thus, as required by the need of an hour the changes must be made in both the laws and the
legal system of the country. Mainly the laws of the country reflects the societal values and
morals in which people are required to act. Therefore, they must be subjected to the
alterations and modifications when the said laws does not stand effective or relevant with
respect to the current scenarios of the country. Laws play a major part in the growth of an
individual as well as the country(Asasriwarnia and Jandra, 2018). The following report is
going to cover the different laws which prevails in the country along with their
implementation and bifurcations. It also elaborates the functioning of the different courts of
the country and their prescribed duties and legal obligations. The duties which the employer
stands bound towards their employer and the termination of the employees by unfair means
will also be elaborate in the said report.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
By the means of making the rule and regulations in the country, the effective
functioning and management of the society can be easily ensured. Further, the codified laws
of the country stands superior to all the other executives of the country reason being its is
believed that all the other things which lies in the society has to be worked in accordance of
the existing legal system of the country and hence stands inferior to it. Th enacted laws of the
country while having certain powers and authorities attached to it guides the conduct and
behavior of the people of the country. But at the same time it is also required to make sure
that the said laws does not overpower the individual rights of the people. Moreover, the laws
of the United Kingdom are not in codified form reason being they are partially written. The
laws are mainly bifurcated into major categories which are the common and statutory laws.
Where common laws are the one which are derived as a result of the decisions of the superior
courts which are the supreme court and high courts of the country in the form of judicial
precedents (Calabresi, 2021). The said landmark judgments becomes binding on all the other
lies which lies under the higher court as per the given hierarchy. Whereas the statutory are the
one which resulted by the process of law making by the parliament in the form of codified
3

laws. The parliament of the country comprises of two houses which are the house of lords
and house of people. For the making of legislation, at very first its draft is introduced in the
form of bill in the houses of parliament. Where after going through all the stages the
legislation the said draft acquires the legal existence after being subjected to the royal assent.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
Mainly the cases which comprises of the conflicts related to property or any rights
related to it between the individuals or other legal bodies falls under the category of the civil
laws. By this the rights of the concerned individuals are ascertained in order to save them
from further sufferings. Also, the general agreements and contracts which takes place
between different parties are to be covered under the civil laws. Moreover these laws
entertains all the matters which are being related to the general rights of an individuals and
also the rights which are being related to any property or land which bis in concern. Also the
issues which results a breach of contractual obligations are covered under these laws. Some
of the major courts of United Kingdom which entertains the matters of civil laws are the
supreme court, high courts, appellate courts and the tribunals. The country courts on the level
of their respective territory looks after civil matters. Further in accordance to this the
aggrieved party can be subjected to certain damages and remedies in the form of
compensation, injunction, etc (Charlson, 2020).
b) Criminal Law:
All the crimes or offenses which takes place in the society or towards the society
comes under the category of criminal laws. Any act or incident, which as defined as an
offense under the criminal legislation of the country, is said to be occur then it is require to be
governed as per the provisions of the criminal laws. With the implementation of these laws
the sense of security is create in the society as ii is considered as the crime done against
whole society. Further, it also aims in contributing in the effective management of the society
while stating the manner of the conduct of people. It aims at protecting the personal liberties
of an individual along with other aspects such as ham or damage to the identity or body. The
4

ways in which the aggrieved person or the one against whom the offense has been committed
are justified by the means of providing punishments such as imprisonments, fines and even in
some serious and heinous cases the death sentences. The courts which looks after the matters
of criminal nature are the supreme court, high courts, the queens bench and the divisional
courts (Crofts and Kirchengast, 2019) .
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
These courts are considered as one of the most important courts of the legal
system of the country reason being they contributes to the process of delivery of justice in
their respective regions. These being also known by the name of Her Majesty's court of
England lies on the second place in the legal system of the country as per the hierarchy of
courts. The high court mainly deals with the cases which are of some importance or are of
such nature which cannot be very well dealt by the lower courts. Further, there lies various
benches under the ambit of high courts such a family court, queens bench, divisional courts,
etc. Usually while dealing with the case, these courts consists of single judges to it but many
a times as per the requirements and seriousness of the case the need of solutions and
adjudications can also take place. The supreme court in the country is the which entertains all
the appeals which lies from various high courts and they also stands bound against the
decision delivered by the supreme court.
b) Supreme Court:
Also known by the name of apex court of the country lies on the top level as
per the hierarchy of courts. It being the one of the major component of the whole legal system
also aids in the governance of the same(Ford, 2018). The supreme court mainly looks after
the cases which are of some public interest or are of the matters involving national and
international interests. Also, it is the last platform to which the appeals can be made by the
individuals or bodies against the decisions of the other courts of the country. Further, it is
entitled to deal with all sort of matters including both the civil as well as criminal concerns.
Also, this court being placed on the superior level is bound to perform certain crucial roles
and duties with respect to the effectiveness of the whole legal system. Also, the matters
5

which involves the question of constitutionality, are to be specifically dealt by the supreme
court of the country and enjoys the sole power with respect to the deliverance of the verdict.
Part 2: Source of law
Explanation of Case Law as a source of laws
Case laws as a source of law is mainly the concept which falls under the category of
common law. These are the decisions which are made by the superior courts which is the
supreme and high court, in the form of judgments. The said landmark judgments which are
the judicial precedents stands bound on the other lower courts mainly with respect to the
cases having similar facts and issue of concerns. By this in general it is specified that the
judges of the lower courts are required to analyze the decisions of the higher courts for the
delivery of justice in the society. Moreover, the whole concept of this as a sources of law is
based on the principle of stare decisis which states that the said judicial precedent has a
binding effect on the other lying cases of the similar nature (Hunter and Rackley, 2018) .
Explanation of the process of making Legislation
The constitution of the laws in itself is a very complex process as it comprises of
various stages to it. The process start with the introduction of the draft in the house of
parliament which further is required to go through the various stages lying to it. Moreover,
the primary aim behind the making of such laws id to ensure a binding effect on the people of
the country with respect to their conduct and behaviors. The parliament of the country
comprises of the two separate houses which are the house of lords and house of people,
where both in individual manner contributes in the formation of laws and legislation's of the
country. The very first stage is of the first reading where the title of the draft is ascertained by
the members of the parliament. After which the discussion takes place on the issues of the bill
along with their impact on the society as well as on the country. The last stage is of the royal
assent by the queen of the country by which the said draft is subjected to get its legal
existence. Also during the process, the draft is also subjected to the process of voting where
the concerned members are required to vote in favor or in against of the bill. Where the bill
after attaining the majority to it gets forwarded to the next stage.
The meaning and examples of Delegated Legislation
6

The laws which are made by the other bodies to whom the power has been delegated
by the actual authorized body to make such laws are addressed as the delegated legislation.
In UK the parliament is said to be the only body who is empowered for the making of
required legislation in the county. So the sole power for the delegations lies with the
parliament only. But the body to whom the power has been delegated is required and must act
in the ways as prescribed while acting in accordance of the states principles and rules of the
parliament. Majorly the powers are delegated reason being the burden of work and also for
the effective execution of the laws by the bodies who acquires depth knowledge of it. Some
of the major examples of delegated legislation are the order of councils, sovereignty of the
parliament, etc. Further, the statutory regulations are considered as one of the most simple
form of delegated legislation(Koops, 2018).
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
In United Kingdom, the affairs of the employer and his workers are governed by the
employment laws of the country where one such major legislation is the Employment Act of
1996. the said act also specifies certain duties and responsibilities which the employer is
bound to comply with in order to escape from the liabilities. Some of the said duties are as
follows-
 Every employer is bound to conduct the adequate required training sessions for their
employees with respect to their job role.
 The employees of the company are entitled to get the salary and remunerations in
accordance of the national minimum wages act by the employers.
 He is duty bound to ensure that no discrimination takes place in the organization
based on any of these aspects such as color, race, gender, caste,sex, etc.
 All the required health and safety measures are taken by the employers in the
company to ensure the safety of its employees
 Employer must take the due notice of the average working hours and the fair pay
policies for their employees (Mossoff, 2018) .
Wrongful Dismissal and Unfair Dismissal Actions
7

The major types of dismissals which are covered under the employment law of the
country are wrongful dismissal and unfair dismissal which relates to the termination of an
employee. An employee is said to be wrongfully dismissed when he gets remove by the
employer without stating the proper notice of his termination. Also when one get dismissed
before the prior completion of the employment contract then also it falls in the category of
wrongful dismissal. Further, the other being the unfair dismissal, is said to take place when
the worker gets dismissed without mentioning the suitable reason for it. One example of this
can be the termination of women employees contract when they are on maternity
leave(Teague and Donaghey, 2018).
Conclusion
From the following report it can be concluded that the each legislation which are
being created for the management of the society have their own importance in guiding the
behavior of people. The two major sources of law in UK are Statutory law and common law .
Statutory law relates the process of making legislation by parliamentary houses and common
law includes the decisions which are taken by judges in courts. There are two courts namely
High and Supreme court to govern the cases which are criminal or civil in nature. Supreme
court is the apex court which gives it the power to hear appeals as well. There are also
employment legislation to define the duties of employers towards their employees which
helps in their proper management.
References
Asasriwarnia, A. and Jandra, M., 2018. Comparison Of Legal System: Islamic Law System,
Civil Law, and Common Law. UMRAN-International Journal of Islamic and
Civilizational Studies, 5(2-1).
Calabresi, G., 2021. A common law for the age of statutes. Harvard University Press.
Charlson, J., 2020. Briefing: Brexit and UK construction law: past, present and
future. Proceedings of the Institution of Civil Engineers-Management, Procurement
and Law, 174(1), pp.3-6.
Crofts, T. and Kirchengast, T., 2019. A ladder approach to criminalising revenge
pornography. The Journal of Criminal Law, 83(1), pp.87-103.
Ford, M., 2018. Employment tribunal fees and the rule of law: R (Unison) v Lord Chancellor
in the Supreme Court. Industrial Law Journal, 47(1), pp.1-45.
Hunter, R. and Rackley, E., 2018. Judicial leadership on the UK Supreme Court. Legal
studies, 38(2), pp.191-220.
Koops, B.J., et. al., 2018. The reasonableness of remaining unobserved: a comparative
analysis of visual surveillance and voyeurism in criminal law. Law & Social
Inquiry, 43(4), pp.1210-1235.
8

Mossoff, A., 2018. Statutes, Common Law Rights, and the Mistaken Classification of Patents
as Public Rights. Iowa L. Rev., 104, p.2591.
Teague, P. and Donaghey, J., 2018. Brexit: EU social policy and the UK employment
model. Industrial Relations Journal, 49(5-6), pp.512-533.
9